Brown v. Commonwealth

WADDILL, Commissioner.

Kearny Brown was convicted of the offense of conspiracy to commit robbery and was sentenced to serve two years in the State Reformatory. He has prosecuted an appeal, urging, several grounds for reversal, one of which is that the court erred in overruling his motion for a directed verdict of acquittal. Hence, we examine the evidence to ascertain whether it was sufficient to justify a submission of the case to the jury.

The Commonwealth relies primarily upon the testimony of Creed Whisman to sustain the conviction. Whisman testified that while he was en route to Breathitt…